5. Article

1. Ar automatizētas procedūras palīdzību, ko lieto centrālās reģistrācijas institūcijas, jābūt pieejamiem šādiem datiem: a) transportlīdzekļu centrālais reģistrs: i) ražotājs (ja pieejams, arī modelis); ii) transportlīdzekļa identifikācijas numurs; iii) reģistrācijas numurs; iv) pirmās reģistrācijas datums; v) degvielas tips un/vai piedziņas tips; vi) zādzības apstiprinājums. b) vadītāja apliecību centrālais reģistrs: i) dokumenta numurs un/vai vadītāja apliecības numurs; ii) uzvārds vai dzimtais uzvārds, vārdi; iii) dzimšanas datums un vieta; iv) kategorijas; v) nosacījumi un ierobežojumi; vi) derīguma termiņš; vii) diskvalifikācija, tiesību atņemšana, vadīšanas aizliegumi, konfiskācija un arests; viii) izdošanas datums. 2. Līgumi attiecībā uz citu informāciju, ko iegūst centrālās reģistrācijas institūcijas nacionālo noteikumu ietvaros, netiek ietekmēti.
  1. a)) transportlīdzekļu centrālais reģistrs:
  2. 1)) "Party" denotes any party to the Treaty, i.e. either a contracting Party or a Party having acceded to the Treaty;
  3. 2)) "central registration authorities" denotes the authorities of the Parties which are responsible for managing the central registers of vehicles and driving licences;
  4. i)) ražotājs (ja pieejams, arī modelis);
  5. 3)) "national regulations" denotes all legal and administrative regulations of a Party for the implementation of which the central registration authorities of this Party are responsible, in whole or in part, with regard to:
  6. v)) degvielas tips un/vai piedziņas tips;
  7. b)) vadītāja apliecību centrālais reģistrs:
  8. a)) the licensing or registration of vehicles, and
  9. b)) the issuing and registration of driving licences;
  10. i)) dokumenta numurs un/vai vadītāja apliecības numurs;
  11. v)) nosacījumi un ierobežojumi;
  12. 4)) "personal data" denotes any information about a particular or identifiable person.
  13. (1)) The central registration authorities shall set up and maintain a common system for the exchange of vehicle and driving licence data, hereinafter referred to as the "European Vehicle and Driving Licence Information System", known as EUCARIS.
  14. (2)) The purpose of the European Vehicle and Driving Licence Information System is:
  15. i)) to ensure that the central vehicle and driving licence registers of the Parties are accurate and reliable;
  16. a)) Central vehicle register:
  17. b)) Central driving licence register:
  18. (1)) The following data shall be available for retrieval through the automated procedure used by the central registration authorities:
  19. a)) Central vehicle register:
  20. i)) manufacturer (and model, if available);
  21. v)) type of fuel and/or type of drive;
  22. b)) Central driving licence register:
  23. i)) document number and/or driving-licence number;
  24. v)) conditions and restrictions;
  25. (2)) Agreements concerning the retrieval of other information by the central registration authorities within the framework of national regulations are not affected.
  26. a)) Central vehicle register:
  27. i)) if the information provided by the applicant within the process for registration cannot be found in the central vehicle register of the Party in whose territory the vehicle is supposed to have been previously registered;
  28. b)) Central driving licence register:
  29. i)) if within the process for replacing, exchanging or registering a driving licence it is stated that, according to the information held in the central driving licence register of one of the Parties, a valid driving licence has already been issued in the name of the applicant;
  30. (1)) If a vehicle that was previously registered in the territory of one of the Parties is registered in the territory of another of the Parties, the central registration authority shall immediately report this to the central registration authority of the Party in whose territory the vehicle was last registered. The vehicle register data mentioned in Article 5 shall be given as well as the date of registration.
  31. (2)) If a driving licence that was issued in the territory of one of the Parties is replaced, exchanged or registered in the territory of another of the Parties, the central registration authority shall immediately report this to the central registration authority of the Party that issued the driving licence. The driving licence register data mentioned in Article 5 shall be given as well as the date of replacement, exchange or registration.
  32. (1)) Direct access to the data stored ready for retrieval under the European Vehicle and Driving Licence Information System is restricted to the central registration authorities of the Parties.
  33. (2)) These authorities are responsible, on behalf of their Party, for the correct operation of the European Vehicle and Driving Licence Information System, and shall take the appropriate action to ensure that the provisions of the Treaty are observed.
  34. (1)) The Parties shall use information transmitted under the European Vehicle and Driving Licence Information System only in order to achieve the purpose set out in Article 2 paragraph (2).
  35. (2)) The information shall only be used in accordance with the national regulations of the Parties unless the Treaty contains stricter provisions.
  36. (1)) The central registration authorities shall take the necessary technical and organisational measures to ensure the security of the data in the context of the Treaty.
  37. (2)) In particular measures shall be taken to
  38. i)) prevent unauthorised persons gaining access to the data processing equipment;
  39. i)) contain the reason for the retrieval, details of information retrieved and the date and time of retrievals;
  40. (1)) A Board shall be set up consisting of representatives of the central registration authorities of the Parties. Each authority shall have one vote, irrespective of the number of representatives that each central registration authority delegates to the Board.
  41. (2)) The Board shall be responsible
  42. a)) for the implementation and correct application of the provisions of the Treaty;
  43. b)) for the correct technical and operational functioning of the European Vehicle and Driving Licence Information System; it shall in particular monitor the measures taken by the central registration authorities in accordance with Article 16 paragraph (2) in order to ensure security of information.
  44. (3)) Votes may be cast under reservation of subsequent confirmation within a maximum of two months.
  45. (4)) Unanimously passed resolutions shall be binding on the Parties within the framework of their national regulations.
  46. (5)) Resolutions passed with a majority of votes shall have the status of recommendations for those Parties who have voted against the resolution.
  47. (1)) The costs of operating and applying the European Vehicle and Driving Licence Information System by the Parties on their territory shall be borne by the Party concerned.
  48. (2)) Subject to prior approval by the Board the common expenses incurred in implementing the Treaty shall be borne by the Parties in equal shares.
  49. (1)) If anyone has suffered damage as a result of an unlawful processing of information to which the Treaty relates, the Party of the central registration authority receiving the information shall be liable to him in accordance with its national law. It cannot exonerate itself from liability to the harmed person by giving the excuse that the harm was caused by the authority having transmitted the information.
  50. (2)) If the Party of the receiving central registration authority pays compensation for damage caused by the use of incorrect or incorrectly provided information, that Party requests compensation from the Party of the providing central registration authority.
  51. (3)) The Party of the providing central registration authority may be exempted from its liability, in whole or in part, if it proves that it is not responsible.
  52. (1)) For the contracting Parties which have deposited their instrument of ratification, acceptance or approval, the Treaty shall enter into force on the first day of the second month following the date of receipt by the Depositary of the deposit of the fourth instrument of ratification, acceptance or approval.
  53. (2)) For the fifth contracting Party it shall enter into force on the first day of the second month following the date of receipt by the Depositary of the deposit of its instrument of ratification, acceptance or approval.
  54. (1)) Any State that applies the data protection provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 may apply to accede to the Treaty.
  55. (2)) Such application shall be made in writing to the Depositary and shall be subject to unanimous approval by the Parties.
  56. (3)) Instruments of accession shall be deposited with the Depositary.
  57. (4)) For each State that accedes to it, the Treaty shall enter into force on the first day of the second month after the date of deposit by such State of its instrument of accession.
  58. a)) any signature;
  59. b)) any application for accession referred to in article 24;
  60. c)) any deposit of an instrument of ratification, acceptance, approval or accession;
  61. d)) the date of entry into force for any Party;
  62. e)) any notification of withdrawal from the Treaty;
  63. f)) the national central registration authorities notified according to article 23.
  64. (1)) Any Party may withdraw from the Treaty at any time after two years from the date on which the Treaty has entered into force for that Party.
  65. (2)) Withdrawal shall be effected by written notification to the Depositary.
  66. (3)) Any such withdrawal shall take effect one year after receipt of such notification by the Depositary.
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